This chapter shall be known and may be cited as the "Zoning Ordinance of the City of Elmendorf," or simply as the "Zoning Ordinance."

(Ord. No. 12-12-2013-1, § 101, 12-12-2013)

This chapter is adopted pursuant to the powers granted and limitations imposed by the constitution and laws of the state and common law that are relevant and appropriate.

(Ord. No. 12-12-2013-1, § 102, 12-12-2013)

The provisions of this chapter shall apply to the use and development of all land within the city, unless specifically provided otherwise in this chapter.

(Ord. No. 12-12-2013-1, § 103, 12-12-2013)

The ordinance from which this chapter is derived is adopted for the purpose of promoting the public health, safety and general welfare of the citizens of the city. More specifically, this chapter is intended to fulfill one or more of the following purposes:

(1)

Preserve and enhance the integrity, stability and livability of residential neighborhoods;

(2)

Maintain property values by stabilizing expectations and ensuring predictability in development;

(3)

Prevent or minimize land use incompatibilities and conflicts;

(4)

Prevent overcrowding of buildings and overdevelopment of sites and excessive concentrations of population or commercial activities;

(5)

Encourage commercial revitalization;

(6)

Preserve and enhance the city's natural environment and avoid natural hazards in the development of the city;

(7)

Balance the protection of community and neighborhood resources with the need to promote economic development and protect individual property rights;

(8)

Maintain opportunities for development and redevelopment to respond to changes in the marketplace, while respecting the character of surrounding areas; and

(9)

Establish a process that effectively and fairly applies the regulations and standards of this chapter and respects the rights of property owners and the interests of citizens.

(Ord. No. 12-12-2013-1, § 104, 12-12-2013)

Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or laws, those imposing the higher standards or those deemed more restrictive shall govern. However, this chapter is not intended to supplant or replace private deed restrictions and covenants, except where coincident with the provisions of this chapter and any other lawfully adopted rules, regulations or laws.

(Ord. No. 12-12-2013-1, § 105, 12-12-2013)

All development and use of land in the city shall comply with the following standards:

(1)

No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, installed or structurally altered, except in conformance with all the regulations specified in this chapter.

(2)

The lot area, required yards and other open spaces provided in connection with any structure or use, in order to comply with the regulation specified in this chapter, shall be situated on the same lot as the structure or use.

(3)

No part of a yard, open space or off-street parking and loading area required in connection with this chapter shall be included as part of a yard, open space, off-street parking or loading area similarly required for another building, except as allowed under specific provisions for shared parking facilities (see section 38-232).

(4)

No yard or lot existing on the effective date of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet the minimum requirements established herein.

(Ord. No. 12-12-2013-1, § 106, 12-12-2013)

Any permit issued in conflict with the provisions of this chapter shall be null and void and may not be construed as waiving any provisions of this chapter.

(Ord. No. 12-12-2013-1, § 107, 12-12-2013)

The boundaries of the zoning districts established by this chapter shall be shown on a map or series of maps entitled "official zoning map," an up-to-date copy of which shall be maintained in the office of the city secretary.

(Ord. No. 12-12-2013-1, § 108, 12-12-2013)

(a)

This chapter is not intended to abrogate or annul any permits issued before the effective date of the ordinance from which this chapter is derived, or any easement, covenant or any other private agreement.

(b)

Except as specifically provided, the provisions of this chapter shall not affect any building permit issued or any valid building permit application filed prior to the effective date of the ordinance from which this chapter is derived, provided that construction pursuant to such permit, if and when issued, is commenced within six months of the date of issuance of the permit and diligently pursued to completion.

(c)

No presently illegal use shall be deemed to have been legalized unless such use specifically falls within a zoning district where the actual use is a conforming use. Otherwise, such uses shall remain legally nonconforming uses where recognized, or an illegal use, as the case may be.

(d)

No offence committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of the ordinance from which this chapter is derived, but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending continued.

(e)

If a use lawfully occupying land or buildings is classified by the use table in section 38-86 as a conditional use in the zoning district in effect on the effective date of the ordinance from which this chapter is derived, such use shall not be considered a nonconforming use. The existing use shall be considered a lawful conditional use, the same as if the planning and zoning commission had expressly approved the location of that use on the lot where existing at the effective date of the ordinance from which this chapter is derived.

(Ord. No. 12-12-2013-1, § 109, 12-12-2013)

If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 12-12-2013-1, § 110, 12-12-2013)

(a)

The city council will serve as the board of adjustment.

(b)

The board shall adopt rules to govern its proceedings, provided, however, that such rules may not be inconsistent with this chapter or statutes of the state. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman, may administer oath and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 12-12-2013-1, § 111, 12-12-2013)

State Law reference— Authority to create a board of adjustment, V.T.C.A., Local Government Code § 211.008.

(a)

The planning and zoning commission shall be composed of five residents of the city plus two alternate members. The alternates shall serve in the absence of one or more of the regular members when requested to do so by the mayor or city administrator, as the case may be. The membership shall be appointed by the city council. The city council will consider for appointment to the commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning, and availability to prepare for and attend meetings. The third absence, without prior notification, during any 12-month period is construed as the member's resignation. It is the intent of the city council that members shall, by reason of diversity of their individual occupations, constitute a planning and zoning commission which is broadly representative of the community.

(b)

The members of the planning and zoning commission shall be appointed for terms of two years; provided, however, that the vacancies shall be filled for unexpired terms. The members of the commission shall be identified by place numbers one through five. Commission members may be appointed to succeed themselves. Newly appointed members shall be installed at the first regular commission meeting after their appointment. Any vacancies occurring on the commission shall be filled by appointment by the city council with such appointment being for the unexpired term of such vacancy. Terms of appointed members shall be deemed extended until a successor is appointed. Members may be removed at the discretion of the city council. A quorum for the conduct of business shall consist of three members of the commission. The members of the commission shall regularly attend meetings and public hearings of the commission and shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. All meetings held by the planning and zoning commission shall be open to the public.

(Ord. No. 12-12-2013-1, § 112, 12-12-2013)

State Law reference— Authority to create a zoning commission, V.T.C.A., Local Government Code § 211.007.

(a)

Meanings and intent. All provisions, terms, phrases and expressions contained in this chapter shall be construed in accordance with the chapter's stated purposes.

(b)

Text. In case of any difference of meaning or implication between the text of this chapter and any drawing, figure or illustration, the text shall control.

(c)

Computation of time. The time period within which an act is to be carried out shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded. Time-related terms shall have the meanings ascribed below:

(1)

The term "day" means a calendar day unless working day is specified;

(2)

The term "week" means seven calendar days;

(3)

The term "month" means a calendar month; and

(4)

The term "year" means a calendar year, unless a fiscal year is indicated.

(d)

Delegation of authority. Whenever a provision appears requiring a department head or some other officer or employee to perform an act or duty, it shall be construed as authorizing that department head or other officer to delegate responsibility for performing the required act to other city employees, unless the provision specifies otherwise.

(e)

Technical and non-technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a specific meaning in law shall be construed and understood according to such meaning.

(f)

Public officials, bodies and agencies. All public officials, bodies and agencies to which reference is made are those of the city, unless otherwise indicated.

(g)

Mandatory and discretionary terms. The term "shall" is always mandatory. The term "may" is permissive.

(h)

Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:

(1)

"And" indicates that all items, conditions, provisions or events are connected; and

(2)

"Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

(i)

Tense, numbers and gender.

(1)

Words used in the past or present tense include the future as well as the past and present tense, unless the context clearly indicates the contrary.

(2)

The singular shall include the plural and the plural shall include the singular, as the context suggests.

(3)

Words of one gender shall apply to persons regardless of gender.

(Ord. No. 12-12-2013-1, § 801, 12-12-2013)

(a)

Map labels. A district name or letter-number combination shown on the official zoning map indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the municipality bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this section.

(b)

Uncertainty. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this chapter, the following rules apply:

(1)

In cases where a boundary line is given a position adjoining, coincident with, or within a street or alley or unnavigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the district map, then the actual location shall control.

(2)

In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

(3)

In cases where a boundary line is shown adjoining or coincident with a railroad or utility-owned right-of-way, it shall be deemed to be in the center of such right-of-way. Distances measured from a railroad shall be measured perpendicularly or radially from the center of the designated mainline track.

(4)

Where the district boundary lines are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be considered to be the lot lines, and where the districts designated on the official zoning map are bounded approximately by lot lines, said lot lines shall be considered to be the boundary of such districts unless said boundaries are otherwise indicated on the map or by ordinance.

(5)

In unsubdivided property, unless otherwise indicated, the district boundary line on the official zoning map shall be determined by the use of the scale contained on such map.

(6)

Boundary lines indicated as approximately following city limits shall be considered to follow the city limits.

(7)

Boundary lines indicated as following shore lines shall be considered to follow such shore lines and, in the event of change in the shore line, shall be considered as moving with the actual shore line.

(8)

Where existing physical or natural features contradict those shown on the official zoning map, or in case any other uncertainty exists, the location of district boundaries shall be determined by the city administrator.

(Ord. No. 12-12-2013-1, § 802, 12-12-2013)

(a)

Depth.

(1)

Lot depth. Lot depth is the average horizontal distance between the front and rear lot lines.

(2)

Rear yard depth. Rear yard depth is the average horizontal distance between the rear line of a principal building and the rear lot line.

(b)

Fence height. At every point along the run of a fence, the fence height is the average distance between the top of the fence and the immediately adjacent ground surface on the two sides of the fence.

(c)

Floor area.

(1)

The floor area (or gross floor area) of a building is the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two adjacent buildings on separate lots. In particular, the floor area of a building shall include basement space, elevator shafts and stairwells at each floor; floor space used for mechanical equipment; penthouses, attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet, six inches or more; interior balconies and mezzanines; enclosed porches; and accessory uses.

(2)

Floor area for the purpose of computing off-street parking requirements for various retail trade activities shall mean the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for non-public purposes, such as the storage, incidental repair, processing or packaging of merchandise, for show windows, or for offices incidental to management or maintenance. Fitting rooms, dressing rooms and alteration rooms shall also be excluded from the definition of floor area for the purpose of computing off-street parking requirements for various retail trade activities.

(3)

The floor area ratio of a building is the gross floor area of the building divided by the total area of the lot on which it is constructed or proposed.

(d)

Height.

(1)

The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher, or where no street grade has been established, to the following point:

a.

Flat roof. The highest point of the roof's surface;

b.

Mansard roof. To the deck line; or

c.

Hip or gable roof. To the mean height between eaves and ridge.

(2)

The following structures shall be excluded when measuring the height of a building: chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio or television towers, satellite dish antennas, ornamental cupolas, domes or spires, and parapet walls not exceeding four feet in height.

(e)

Lot area. Lot area is the total horizontal area within the lot lines of a lot.

(f)

Lot line.

(1)

Front lot line. For an interior lot or through lot, a front lot line is the street line. On a corner lot, the front lot line shall be any street line on which an immediate adjoining lot has a front boundary. A single lot may be required to have multiple front lot lines, for the purpose of this chapter. For one lot occupying an entire city block, the front lot line shall at a minimum include any boundary of that block which aligns with and/or lies across a street from any boundary of an adjoining block on which there are front lot lines. Front lot lines for lots located on a cul-de-sac, knuckle and irregular shaped lots shall be measured at the front setback line.

(2)

Rear lot line. A rear lot line is any lot line that is parallel to the front lot line or is within 45 degrees of being parallel to the front lot line. A rear lot line shall also include any lot lines on an off-set to a through lot that constitute the rear lot line of an adjacent lot.

(3)

Side lot line. A side lot line is any lot line which is not a front lot line or a rear lot line.

(g)

Seats. The seating capacity of a particular building. In the event individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purpose of this chapter.

(h)

Story.

(1)

A story is that portion of a building included between the upper surface of any floor and the upper surface of the floor immediately above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

(2)

If the finished floor level directly above a basement is more than six feet above the level of the immediately adjacent ground surface, such basement shall be considered a story.

(3)

A floor level having a height of not more than seven feet six inches covering a floor area of not more than 75 percent of the area of the floor of the story below is considered a half-story.

(i)

Yards defined. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.

(1)

Front yard. A front yard is all that space between the street right-of-way line and the front line of the principal building. The minimum required front yard shall be as prescribed for the district, measured from the outside front corners of the building to the property street line, along the building front extended and along the building sides extended.

(2)

Rear yard. A rear yard is all that space between the rear line of the principal building and the rear lot line. The minimum required depth of rear yard shall be as prescribed for the district and shall be the distance between the rear line of the principal building and the rear lot lines, measured along the side lines of the building extended.

(3)

Side yard. A side yard is all that space adjoining the sides of the principal building and between the front and rear yards.

(j)

Yard exceptions. Every part of any required yard shall be open and unobstructed, except for the following:

(1)

Ordinary projection of windowsills, belt courses and other ornamental features projecting a distance not to exceed 12 inches.

(2)

Projection of chimneys and flues for a distance not to exceed 3½ feet into required front and rear yards.

(3)

Eaves and awnings on main residential buildings which project a distance of no more than two feet into required yards.

(4)

Open or lattice-enclosed fire escapes and fireproof outside stairs, as well as balconies opening onto them, which may project into required rear yards a distance not to exceed 3½ feet.

(5)

Open carports allowed to extend into required front and side yards as set forth in section 38-234.

(6)

Open and unenclosed porches covered by a roof (but being unencumbered by walls, glazing or rigid screening of any kind) may project into required front or rear yards for a distance not to exceed six feet, provided that no supporting structure for such extensions shall be located within the required front or rear yard.

(7)

Uncovered porches, decks and platforms that do not extend more than three feet above ground level may project into required rear yards and into required side yards, so long as such projections do not extend within less than two feet of any side lot line.

(8)

Detached accessory buildings may be built in required side and rear yards in accordance with section 38-115.

(9)

An attached garage shall be considered an integral part of the principal building, and all required minimum yards shall be maintained from the outside corners of said garage. A detached garage or other accessory structure shall meet the requirements for accessory buildings in section 38-115.

(Ord. No. 12-12-2013-1, § 803, 12-12-2013; Ord. No. 4-18-2019-1, pt. 1, 4-18-2019)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All other words shall be given their common, ordinary meanings, as the context may reasonably suggest. In case of dispute over the meaning of a term not defined here or over the application of a definition set forth here, the city administrator shall issue a written interpretation in accordance with section 38-45.

Abutting. See Adjacent.

Accessory apartment means an apartment containing full facilities (sleeping quarters, kitchen and bath) and located on the same lot as an existing single-family residential dwelling unit that shares utilities and is clearly subordinate to the primary dwelling unit.

Accessory structure means a structure subordinate to the principal building on a lot, the use of which is customarily incidental to that of the principal building or to the principal use of the land.

Accessory use means a subordinate use or building customarily incidental to and located on the same lot with the main use or building.

Adjacent (adjoining). Unless otherwise defined elsewhere in the text of this chapter, the terms "adjacent" and "adjoining" mean lying immediately next to one another, or having a common boundary.

Adult entertainment enterprise/sexually oriented business.

(1)

The term "adult entertainment enterprise/sexually oriented business" means any business activity, whether in public, semi-public or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed specified anatomical areas of another person, or to observe, view, or photograph any such activity. Except as specifically provided otherwise herein, the term "adult entertainment enterprise/sexually oriented business" is not intended to include the following:

a.

Any business operated by or employing psychologists, physical therapists, athletic trainers, registered massage therapists, cosmetologists, or barbers, who are licensed by the state, and are performing functions authorized under the licenses held.

b.

Any business operated by or employing physicians, osteopaths, chiropractors or nurses who are licensed by the state and are engaged in practicing the healing arts.

c.

Any retail establishment whose major business is the offering of wearing apparel for sale to customer.

d.

A person appearing in a state of nudity at a scheduled class for instruction in drawing, painting, sculpture, or photography operated as follows:

1.

By a proprietary school, licensed by the state; a college, junior college, or university supported entirely or partly by taxation.

2.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

3.

In a structure with all of the following characteristics:

(i)

No sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.

(ii)

Where, in order to participate in a class, a student must enroll at least three days in advance of the class.

(iii)

Where no more than one nude model is on the premises at any one time.

(2)

The term "adult entertainment enterprises" furthermore includes, but is not limited to, the following:

a.

Adult bookstore/film store. Any commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

2.

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult film store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult film store, so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. A principal business purpose need not be a primary use of an establishment, so long as it is a significant use, based upon the visible inventory or commercial activity of the establishment.

b.

Movie arcade. Any business wherein is operated a film or videotape viewing device. The term "film or videotape viewing device or booth" subject to these provisions is defined as:

1.

Viewing booths/arcades. An establishment or commercial enterprise which has within its structure an electrical or mechanical device which projects or displays any film, videotape or reproduction into a viewing area obscured by a curtain, door, or wall, or other enclosure which is designed for occupancy by no more than five persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by five or fewer persons.

2.

Adult motion picture theatre. An establishment or commercial enterprise which has an enclosed building with a capacity of more than five persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

c.

Adult cabaret. An establishment that regularly features the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including, but not limited to, dancing, posing, modeling, acting, and which is distinguished by or characterized by a predominant emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

d.

Adult encounter parlor. An establishment whose business consists of premises where customers either congregate, associate, or consort with employees who engage in specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.

e.

Adult lounge. An adult cabaret which is allowed or licensed pursuant to the Texas Alcoholic Beverage Code, where alcoholic beverages may be served or sold.

f.

Adult drive-in theatre. A drive-in theatre used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

g.

Adult retail store. A retail establishment in which:

1.

One of its principal business purposes is the sale or rental of items, products or equipment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; or

2.

Any person is excluded by virtue of age from all or part of the premises generally held open to the public, where products or equipment are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Alcoholic beverages, mixed, means beer, beer by the bottle, wine, wine by the bottle and mixed alcoholic drinks.

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Alteration, for the purpose of regulating historic landmarks or any property within a historic district, means any physical change to the exterior appearance of a building or structure, including, but not limited to, certain miscellaneous modifications not requiring a permit from the city, such as:

(1)

Change of exterior color, by painting or other similar finish work;

(2)

Installation of siding; and

(3)

Window treatment, including, but not limited to, window replacements and awnings supported by an exterior wall.

Animal feed lot means a relatively small, confined land area for fattening hoofed animals or holding them temporarily for shipment.

Animal kennel means any structure or premises where animals ordinarily considered household pets are kept, boarded, bred or trained, for commercial gain.

Apartment means a room or suite of rooms in an apartment building used as a separate residence.

Bar or tavern means a place where mixed alcoholic beverages are sold for consumption on the premises and exceed 75 percent of the gross earnings of the establishment.

Basement means that portion of a building below the ground floor which is located at least partly below grade, but located such that the vertical distance from grade to floor below is greater than the vertical distance from grade to ceiling.

Bed and breakfast means overnight lodging and a morning meal provided in a dwelling unit to transients for compensation.

Block means an area within the city enclosed by streets and occupied by or intended for buildings.

Block face means the distance along one side of a street between the nearest two streets that intersect said street on the same side.

Boardinghouse orroominghouse means a dwelling unit or group home where lodging is provided:

(1)

For compensation;

(2)

By pre-arrangement;

(3)

In rooms without kitchen facilities;

(4)

For five or more roomers or boarders;

(5)

For periods of one week or longer; and

(6)

With or without meals.

See also Group home.

Breezeway means a passage that is one story in height, covered by a roof, and for which the sole purpose is to provide a walkway or covered connection between a main building and an accessory building. In determining the minimum setback required for buildings, connection by a breezeway shall not make any accessory building an integral part of the principal building on the lot.

Building means any structure built for the support, shelter and enclosure of persons, animals, goods or movable property of any kind. Any roof-covered structure shall be considered a building.

Campground means a lot or tract of land upon which two or more campsites are located, established or maintained for occupancy by camping units or recreational vehicles (of the general public) as temporary living quarters for recreational, educational or vacation purposes.

Camping unit means any tent, trailer, cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for recreational, education or vacation purposes.

Carport means a roof-covered structure intended for the purpose of storing vehicles and remaining substantially open on at least two of its sides.

City administrator means the chief administrative officer of the city appointed by the city council. The term "city administrator" shall include those persons designated by the city administrator to exercise authority under this chapter.

Conditional use means a use allowed in a specific district, provided that approval is obtained from the planning and zoning commission and any special conditions are observed.

Disability or disabled person. For the purpose of determining who is eligible for residency in a community home allowed as household living, a person with a disability is a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has:

(1)

An orthopedic, visual, speech or hearing impairment;

(2)

Alzheimer's disease;

(3)

Pre-senile dementia;

(4)

Cerebral palsy;

(5)

Epilepsy;

(6)

Muscular dystrophy;

(7)

Multiple sclerosis;

(8)

Cancer;

(9)

Heart disease;

(10)

Diabetes;

(11)

Mental retardation;

(12)

Emotional illness.

District means a section of the city delineated for administrative purposes, within which regulations apply uniformly; for example, area, height, or use of buildings.

Dwelling, single-family, means a detached building having accommodations for and occupied by not more than one family or housekeeping unit, and which occupies a lot or tract of land on which no other dwelling unit (except an accessory apartment where explicitly allowed by this chapter) is situated. Separate guest quarters which do not include facilities for both cooking and sanitation are allowed to occupy a detached accessory structure on the same lot as a single-family dwelling.

Dwelling, two-family, means a detached building having separate accommodations for and occupied by not more than two families or housekeeping units, and which occupies a lot or tract of land on which no other dwelling unit (except an accessory apartment where explicitly allowed by this chapter) is situated.

Dwelling unit means a building or portion thereof designed and used for residential occupancy by a single household and including exclusive sleeping, cooking, and sanitation facilities.

Family means a collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. The term "family" does not include any society, club, fraternity, sorority, association, lodge, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

Fence means an artificial barrier of any material or combination of materials erected to enclose or screen areas of land.

Fence, privacy, means a fence of wood, masonry or metal, permanently constructed of products commercially sold as fence materials and which provides a solid, opaque barrier.

Flag lot means a parcel of land a majority of which is situated behind another lot or lots fronting on a street.

Floor area or floor area ratio. See section 38-15.

Glare means any intense, harsh or uncomfortably bright light.

Group home means a facility or dwelling unit housing more than four persons unrelated by blood, marriage or adoption, and that operates under a housekeeping management plan based on an intentionally-structured relationship providing organization and stability. See also Boardinghouse orroominghouse.

Height. See section 38-15.

Horse boarding (public stable) means any structure or premises where equine animals are housed or boarded for a service charge or for hire.

Horse riding academy means any premises where equine animals are boarded and/or where instruction in riding, jumping, or showing is offered, and/or where the general public may, for a fee, hire equine animals for riding.

Hotel means a building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

Household or housekeeping unit means any one of the following:

(1)

One or more persons related by blood, marriage or adoption, living together in a dwelling unit.

(2)

A group of not more than four persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit.

(3)

Two unrelated persons and their children living together in a dwelling unit.

HUD-Code manufactured home means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length (and, when erected on a site, is 320 square feet or more), and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems. It does not include a recreational vehicle as defined by 24 CFR 3282.8(g).

Landmark means any individual building, structure, object or site that is significant for historic, architectural or archaeological reasons.

Lot means a developed or undeveloped tract or parcel of land suitable for building purposes and legally transferable as a single unit of land. For the purpose of this chapter, a lot may or may not coincide with a lot shown on any recorded plat.

Lot area. See section 38-15.

Lot line. See section 38-15.

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk, or a parcel of land, the deed for which has been recorded in the office of the county clerk.

Lot types. See also section 38-15.

Corner lot means a lot that adjoins the point of intersection of two or more street lines. Any lot adjoining a curved street at a point where the street line describes an arc subtended by an angle of 135 degrees or less shall also be considered a corner lot.

Interior lot means any lot that is not a corner lot or a through lot.

Through lot means a lot that has two street lines that are opposite each other, and that are parallel to (or within 45 degrees of being parallel to) each other, and that is not a corner lot.

Major repair or substantial alteration. For off-street parking and loading purposes, the term "major repair" or "substantial alteration" shall refer to either one or both of the following construction activities:

(1)

Construction of additional floor area to an existing building equal to or in excess of 25 percent of the present floor area of the building in question.

(2)

Repairs or alterations to an existing building, that are expected to increase the monetary value of that building by a factor of 50 percent or more, as determined by the building official.

Manufactured housing ormanufactured home. See HUD-Code manufactured home.

Manufactured housing park means a contiguous parcel of land with required improvements and utilities for the accommodation of occupied manufactured housing; may include services and facilities for the residents.

Manufactured housing space or lot means a designated parcel of land for the placement of a single manufactured housing unit and the exclusive use of its occupants, that is not located on a manufactured housing sales lot.

Manufactured housing subdivision means a tract or land that is to be, or has been, divided or partitioned into two or more lots of adequate size for residential use by a subdivider or his agent for the purpose of sale and occupancy with manufactured housing units. The term "subdivision" includes re-subdivision.

Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 square feet or more, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems.

Nonconforming use or structure means a building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived, and which does not conform to the regulations of the district in which it is situated.

Off-premises sign means any sign, commonly known as a billboard, that advertises a business, person, activity, goods, products or services not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained.

Off-street loading space means a space located on the subject property for the standing, loading and unloading of vehicles to avoid undue interference with the public use of streets and alleys.

Off-street parking space means an area of appropriate dimensions for the parking of an automobile not located on a public street or alley. An off-street parking space may be enclosed or unenclosed, and includes a driveway connecting the parking space with a street or alley permitting free ingress and egress.

On-premises sign means any sign identifying or advertising the business, person, activity, goods, products or services sold or offered for sale on the premises where the sign is installed and maintained when such premises is used for business purposes.

Open space means an area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.

Overlay zone means a set of zoning requirements that is described in the chapter text, is outlined on the official zoning map for the city, and is imposed in addition to those requirements of the zoning district which underlies it. Development in the overlay zone must conform to requirements of the underlying district, except as otherwise amended or modified by requirements of the overlay zone.

Parking, all-weather surface, means a surface consisting of compacted caliche, gravel, or a surface consisting of any similar material approved by the building official.

Paved surface or paving means any of the following methods of covering a surface upon which motor vehicles may be driven:

(1)

Hot Mix Asphaltic Concrete: Texas Highway Dept., Type F, minimum thickness of 1¼ inches.

(2)

Two Course Penetration: Surface composed of two layers of crushed stone and asphalt. First course—Texas Highway Department, Grade 2, Type D; Second course—Texas Highway Department, Grade 4, Type D.

(3)

Concrete: Reinforced concrete, minimum 28-day compressive strength of 3,000 psi, and minimum thickness of five inches.

(4)

Brick pavers or other special finish surfaces: Any proposed paved surface finish other than those specified above shall be subject to review and approval by the building official. The applicant shall provide technical and design information as required by the building official.

Recreational equipment or trailer means such equipment or trailers shall include any boat, on or off a trailer; any boat trailer; any racecar or parts on or off a trailer; any snowmobile, on or off any trailer; any dune buggy, on or off a trailer; any motorcycle trailer and any utility, cargo or stock trailer.

Recreational vehicle. The terms "recreational vehicle," "travel trailer" and "vacation travel trailer" are used synonymously throughout this chapter and mean a vehicle designed for a temporary or short-term occupancy for travel, recreational and vacation uses. Such vehicles shall include any travel trailer, camp trailer, pop-up or tent campers, house trailer, mobile home, motor home or house car, and any pickup camper, on or off the pickup (excluding recreational dual-purpose vehicles), except a simple shell on the pickup, having no cooking or bath facilities.

Recreational vehicle park. See Campground.

Recyclable materials collection center means a use characterized by the collection (from household and business consumers) of small items such as cans, glass, plastic and paper, for temporary storage and subsequent transport to another facility for processing. No mechanical means of processing or collecting shall be allowed, including, but not limited to, the crushing of cans.

Recycling center means a parcel of land, with or without buildings, upon which small items such as cans, glass, plastic and paper (collected from household and business consumers) are separated and processed for shipment for eventual reuse in new products.

Rehabilitation means the upgrading of a building previously in a dilapidated or substandard condition, for human habitation or use.

Rendering, meat and poultry byproducts means converting waste from animal slaughterhouses, kitchen grease and/or livestock carcasses into industrial fats and oils (such as tallow for soap) and various other products (such as fertilizer).

Restaurant means a place where the primary business is the preparation and sale, on the premises, of food to members of the general public, and providing kitchen facilities separate and apart from the area of the premises devoted to public dining and which may or may not provide live entertainment to patrons of the premises.

Restaurant kitchen facilities means a separate area located in or on the premises of a restaurant, which area meets the following conditions or standards:

(1)

Meets all requirements of other applicable city codes.

(2)

Contains a stove and oven in working order.

(3)

Provides refrigerated storage for food to be prepared and sold on the premises.

(4)

Is staffed by a full-time cook or chef who must be on duty for the preparation of food during the hours that the restaurant is open to members of the general public until the hour of 11:00 p.m. each day said restaurant is open for business.

(5)

Provides a full-service menu with a variety of entrees to be available until 11:00 p.m. each day to members of the general public seeking food on the premises which lists all food items for sale together with the price of such items.

(6)

Maintains a food inventory and condiments for use by the cook or chef in the preparation of food for sale to members of the general public.

(7)

Provides pots, pans and utensils necessary for use by the cook or chef in the preparation of menu items for sale to members of the general public.

Restaurant with mixed alcoholic beverage sales as incidental use means a place meeting the definition of "restaurant" as set forth in this chapter and containing restaurant kitchen facilities as defined in this chapter that serves mixed alcoholic beverages to members of the general public as an incidental use to their primary business operation and which meets the following conditions:

(1)

No outside or exterior entrance shall be provided for any area of the premises exclusively devoted to the preparation, sale and primary consumption of mixed alcoholic beverages.

(2)

No outside sign, separate identification, or advertising of any type shall be allowed for the area within the restaurant devoted to the preparation, sale and primary consumption of mixed alcoholic beverages.

(3)

No independent advertising of mixed alcoholic beverages for sale shall be allowed; however, it shall be permissible to advertise the sale of mixed alcoholic beverages with food offered for sale to the general public in any public advertisement.

Restoration means the replication or reconstruction of a building's original architectural features, usually with regard to historic landmarks.

Roominghouse. See Boardinghouse orroominghouse.

Seats. See section 38-15.

Sign means any object, device, display or structure, or part thereof, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images, excluding religious symbols.

Specified anatomical areas. The following shall be considered specified anatomical areas:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock;

c.

Female breast below a point immediately above the top of the areola; and

(2)

Human genitals in a discernibly erect state, even if completely and opaquely covered.

Specified sexual activities. The following shall be considered specified sexual activities:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse, sodomy, acts of bestiality; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Story. See section 38-15.

Street means any vehicular thoroughfare or public driveway, other than an alley, that is more than 20 feet in width and that has been formally dedicated or is actually used by the public as a thoroughfare, usually including sidewalks and drainageways that line one or more of its sides.

Structural alteration means any change in a supporting member of a building, such as a bearing wall, column, beams or girders.

Structure means a combination of materials held or put together in a specific way to form a construction for use, occupancy or ornamentation, whether installed on, above, or below the surface of land or water. Note that all buildings are considered structures; however, not all structures are buildings. See also Building.

Support commercial means a commercial use not listed as a permitted use in the same use category that:

(1)

Is operated primarily for the convenience of employees, clients, or customers of the principal use; and

(2)

Occupies less than ten percent of the total floor area of the use.

Tandem parking means parking two vehicles end to end in the same driveway.

Use means the purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.

Yard means an open, unoccupied space on a lot on which a building is situated that is unobstructed from the ground to the sky (see also Open space).

Yard, required, means that portion of the open area on a lot extending open and unobstructed from the ground to the sky along a lot line and from that lot line for a depth (or width) specified by the regulations of the district in which the lot is located.

Zoning map means the official zoning map, incorporated into this chapter and made a part hereof.

(Ord. No. 12-12-2013-1, § 804, 12-12-2013; Ord. No. 2-11-2016-2, § 2, 2-11-2016; Ord. No. 07-16-2020-2, 7-16-2020; Ord. No. 4-15-2021-1, pt. 1, 4-15-2021)